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Guide to the New York Safe Act for Members of the Division of State Police

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Guide to the New York Safe Act for Members of the Division of State Police Guide to The New York Safe Act for Members of the Division of State Police Prepared by The Office of Division Counsel September, 2013 NY State Police Guide to the Safe Act September, 2013 Safe Act Introduction and Summary ...................................................................................................... 1 I. Statewide Database ................................................................................................................... 2 II. Assault Weapons ................................................................................................................... 3 Definition of "Assault Weapon" .......................................................................................... 3 Registration Requirements .................................................................................................. 4 Restrictions on Transfers ..................................................................................................... 4 Applicable Criminal Charges .............................................................................................. 4 Effect on Police ................................................................................................................... 5 Serving Police Officers .......................................................................................... 5 Retired Police Officers .......................................................................................... 5 Assault Weapon Denial Procedures ....................................................................... 6 III. Magazines ................................................................................................................... 7 Capacity ................................................................................................................... 7 New PL 265.36. Unlaful Possession of a Large Capacity Feeding Device ......................... 7 Relationship between PL 265.36 and PL 400.00 ................................................................ 8 Tubular Devices / Curios and Relics ................................................................................... 8 New PL 265.37 - Loading with More than 7 Rounds .......................................................... 9 Effect on Police ................................................................................................................... 9 IV. Private Sales ................................................................................................................. 11 General Business Law New Article 39-DDD ................................................................... 11 Immediate Family Exemption ........................................................................................... 11 Potential Charges ............................................................................................................... 11 Effect on Police ................................................................................................................. 11 V. Pistol Permits ................................................................................................................. 12 Recertification Requirement .............................................................................................. 12 Opt Out Forms / Public Disclosure ................................................................................... 12 Effect on Police ................................................................................................................ 12 NY State Police Guide to the Safe Act i VI. Mental Hygiene Law - 9.46 Referral........................................................................................... 13 VII. New Crimes (Penal Law and General Business Law) ............................................................... 13 Appendix: Index of Crimes and Offenses Related to the NY Safe Act ......................................... 16 NY State Police Guide to the Safe Act ii INTRODUCTION The NY SAFE Act, signed into law by Governor Cuomo on January 15, 2013, amended various provision of New York law in relation to firearms, long guns, assault weapons and ammunition. The Act was intended to enhance public safety by: • Expanding the classification of those weapons considered to be Assault Weapons and restricting their access, possession and transfer. • Providing safeguards, through the implementation of a new statewide database, to help ensure that individuals who are not qualified to possess certain weapons or ammunition do not obtain access to them. • Restricting the types of magazines that individuals are allowed to possess and limiting the number of rounds permitted to be loaded in a magazine. • Extending the requirement of a NICS check, formerly applicable only to commercial sales, to private sales of firearms subject to certain exceptions. • Requiring those with existing firearms licenses (pistol permits) to renew or recertify these permits every 5 years. • Establishing several new penal law offenses and enhancing the penalties for existing offenses • Exempting records relating to the Act from public disclosure and providing all permit holders and applicants with an opportunity to ensure that any county records relating to their individual permit or application will also be exempt from the NY State FOIL provisions. As with many large legislative initiatives, the SAFE Act has raised questions from members of the field relating to the scope of the Act and its effect on those police officers who will have the responsibility to enforce the various provisions. The purpose of this guide is to provide guidance to police officers regarding the enforcement of the Safe Act’s provisions. 1 NY State Police Guide to the Safe Act I. THE STATEWIDE DATABASE The SAFE Act requires the creation of a statewide license and record database1, through which records will be checked in order to determine whether or not a particular applicant or licensee is or remains qualified to possess a firearm or to register an Assault Weapon. Disqualifiers will include traditional criteria, such as not being convicted of a crime or serious offense, and new criteria established by the Act, such as expanding the situations where a court must suspend or revoke a subject’s license pursuant to an Order of Protection or where the person has been the subject of a mental health professional’s determination that he or she is likely to engage in dangerous behavior. Database records will be checked when the subject applies for a firearm’s license or when he or she seeks to register an Assault Weapon. The system will also continually run checks after the application or registration process and will detect if a licensee or registrant subsequently becomes unqualified. The database will be maintained by the State Police and records assembled or collected for purposes of inclusion in the database are exempt from public disclosure laws. It is currently being assembled and is expected to be operational in 2014. EFFECT ON POLICE (Database) Other than the personnel assigned to build and input data, there is no direct effect on law enforcement personnel. However, there will be an indirect effect in those cases where the applicant or registrant is disqualified because police officers may be assigned to secure weapons owned or possessed by a person who does not meet the qualification requirements. The Statewide Database is the common thread in all of the Safe Act provisions. All of the eligibility checks for the various parts of the act will utilize this database. 1 New Penal Law section 400.02. 2 NY State Police Guide to the Safe Act II. ASSAULT WEAPONS 1. Definition: The Safe Act redefined the term “Assault Weapon” and created registration requirements for those who lawfully owned them before the enactment of the statute. As of January 15, 2013, the term “Assault Weapon” has been redefined as:2 • A semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following military characteristics: a. Folding or Telescoping Stock b. Protruding Pistol Grip c. Thumbhole Stock d. Second Handgrip or Protruding Grip that can be held by non-shooting hand e. Bayonet Mount f. Flash Suppressor g. Muzzle Brake h. Muzzle Compensator i. A threaded barrel designed to accommodate the above j. Grenade Launcher • A semiautomatic shotgun having at least one of the following characteristics: a. Folding or Telescoping Stock b. Thumbhole Stock c. Second Handgrip or Protruding Grip that can be held by non-trigger hand d. Fixed magazine capacity in excess of seven rounds e. An ability to accept a detachable magazine • A semiautomatic pistol, able to accept a detachable magazine and has at least one of the following characteristics: a. Folding or Telescoping Stock b. Thumbhole Stock c. Second Handgrip or Protruding Grip that can be held by non-trigger hand d. Capacity to accept an ammunition magazine that attaches to the pistol outside the pistol grip e. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer f. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned g. A manufactured weight of fifty ounces or more when the pistol is unloaded 2 There are some exceptions to this definition. For example a rifle, shotgun or pistol that is manually operated by bolt, pump, lever or slide action, an antique firearm, and those firearms,
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